Thursday, December 9, 2010

Florida Supreme Court Amends Form Final Foreclosure Judgment

The Florida Supreme Court released the opinion below this morning amending the form foreclosure final judgment.  The court stated:
Because, unlike the other amendments, the amendments to form 1.996(a) had not been published for comment prior to adoption, the opinion adopting the amendments provided a sixty-day comment period with regard to the amendments to that form.  Several comments were filed, and the committee filed a response.
Upon consideration of the comments and the committee’s response thereto, we adopt two further amendments to form 1.996(a).  First, in recognition of assertions in the comments that flat rate attorneys’ fee agreements are common in mortgage foreclosure cases, we amend the attorneys’ fee provisions of the form to accommodate this option.  Second, in order to ensure that the provisions of the form are not contrary to the Protecting Tenants at Foreclosure Act of 2009, Pub. L. No. 111-22, §§ 701-704, 123 Stat. 1660-62, we delete the sentence from paragraph six of the form stating, “If any defendant remains in possession of the property, the clerk shall without further order of the court issue forthwith a writ of possession upon request of the person named on the certificate of title.”


Post a Comment